Can A Landlord Limit The Number Of Occupants In New York

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So You Wanna Turn Your Apartment into a Sardine Can? Hold on There, Buddy!

Living in New York City is all about squeezing the most out of tiny spaces. But there's a fine line between maximizing your square footage and turning your apartment into a scene from a clown car. This begs the question: Can your landlord actually dictate how many people can crash at your pad?

The Short Answer (for the Impatient New Yorker): Not exactly, but there's a twist... kinda like a cinnamon roll.

The Long Answer (for the Nosy Neighbor): New York State has a law called the "Unlawful Restrictions on Occupancy" law (catchy, right?). This law basically says your landlord can't limit the number of occupants to just you and your goldfish (unless your goldfish pays rent, which, honestly, that would be pretty impressive).

Here's the breakdown:

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  • You (the tenant) + Your Immediate Family + 1 Extra Person (Roommate) = Welcome Wagon Time! This is your golden ticket to apartment occupancy. Family's coming to visit from Nebraska for the holidays? No problem. Your bestie needs a crash pad after a Tinder date gone wrong? They're in (as long as it's not a permanent thing).

  • Two or More Tenants? The Party Gets Bigger (but not too big): If you've got a roommate situation happening, the law allows for all tenants, their immediate families, and any additional occupants with their dependent children. Here's the twist: The total number of tenants and occupants (excluding the kiddos) can't be more than what's listed in the lease agreement. So, if you snagged a sweet two-bedroom with a lease for two people, you can't magically turn it into a six-person mosh pit.

But Wait! There's More! (Because New York) Even though your landlord can't be a total occupancy buzzkill, they do have some wiggle room based on safety and health codes. For example, they can't have 20 people crammed into a studio apartment – there just wouldn't be enough air for all those dreams (or enough space to swing a metaphorical cat).

The Bottom Line: Communication is key! Talk to your landlord about how many people you plan to have living with you. Be upfront and honest, and remember, a little courtesy goes a long way (especially when you're living in close quarters).

Frequently Asked Questions
Can A Landlord Limit The Number Of Occupants In New York
Can A Landlord Limit The Number Of Occupants In New York

Frequently Asked Occupancy Oddities:

How to convince my landlord my pet ferret is basically a small child?

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While a ferret can be a delightful companion, most landlords won't be swayed by this argument. Best stick to the human occupancy limits.

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How to politely explain to my neighbors that the tuba band practicing in my apartment is temporary?

Transparency is your friend! Let your neighbors know it's a one-time thing (and maybe offer some earplugs).

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How to determine if my apartment is overcrowded?

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There should be a minimum square footage per person living in the unit. Check with your local housing department for specifics.

How to avoid a roommate who hogs the bathroom?

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Ah, the age-old struggle. A well-written roommate agreement can be your best friend here.

How to politely ask my landlord if I can install a bunk bed (because adulting is hard)?

Most landlords are okay with bunk beds, but it's always best to check before you buy one. Safety first, bunk bed dreams second!

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Quick References
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nyassembly.govhttps://www.nyassembly.gov
ny.govhttps://www.dot.ny.gov
nycourts.govhttps://www.nycourts.gov
nysenate.govhttps://www.nysenate.gov
nysed.govhttps://www.nysed.gov

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